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UN Headquarters in Geneva (photo from Wikimedia Commons)

Published

July 14, 2023

Written by

Megan Karlshoej-Pedersen

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UN Headquarters in Geneva (photo from Wikimedia Commons)

New UN Human Rights Council study emphasises importance of casualty recording for human rights

A breakthrough United Nations report outlining the importance of casualty recording for the protection and promotion of human rights has received nearly universal support at the Human Rights Council’s 53rd session.

The report, which linked casualty recording and human rights obligations directly, received widespread support at the council on July 3rd – with 19 states and observers expressing support for the findings and recommendations. Only one state, Venezuela, expressed objections.

The study will create pressure on states – many of which have previously expressed confusion and hesitancy regarding their obligations around casualty recording – to do more to monitor the civilian impact of conflict.

Setting the tone for the Council session, the report from the High Commissioner for Human Rights recommended that states: “ensure that casualty recording systems and policies are in place and report publicly on all casualties believed to have resulted from hostilities or violence and their circumstances, including for reparations and accountability”.

If implemented, such measures would create a global best practice around casualty monitoring. There is currently little transparency about how states record casualties from their own actions, and state militaries often face accusations of undercounting the civilian impact of their actions.

In the United Kingdom, for example, the Ministry of Defence refuses to publicly disclose details on its own mechanism for casualty recording in the war against ISIS. Airwars is challenging this position in a tribunal later this year.

The importance of casualty recording 

The High Commissioner’s report emphasised; “Casualty recording is an important and effective means of delivering on a range of fundamental human rights”. The report further notes: “In addition to disciplinary and accountability measures, such information can be used to foster compliance with international law, including by changing practices and behaviour and enhancing training to this end.”

The US delegation reflected on casualty recording in Ukraine, acknowledging that: “we still do not know the full picture. For that reason, we must advance efforts to create a comprehensive casualty recording system that accounts for all casualties, both civilian and military.”

The delegation went on to emphasise that the US is keen to “aid the international community in developing a casualty reporting mechanism at the international level to contribute to equal access to justice for all”

The support for casualty recording is particularly significant in the context of other successes for civilian protections at the UN last week. In a statement welcoming the report on casualty recording, 56 states of the ‘Group of Friends of R2P’ emphasised the connection between casualty recording and atrocity prevention.

A week earlier, a resolution was adopted at the General Assembly creating an independent institution to examine the fate of all people who are missing in Syria. Since the beginning of the Syrian conflict in 2011, an estimated 130,000 people have gone missing or been forcibly disappeared.

The moves at the UN follow other international assertions on the importance of casualty recording. The Explosive Weapons Declarations, signed by nearly 90 states in November last year, urges states to “record and track civilian casualties, and [ensure] the use of all practicable measures to ensure appropriate data collection.” The US’ Civilian Harm Mitigation and Response Action Plan (CHMRAP), which is widely seen as one of the most ambitious and detailed national policies on this topic, highlights that “developing standardized reporting procedures for operational data to inform civilian harm assessments …will improve DoD’s ability to mitigate and respond to civilian harm.”

The work of independent civil society organisations

Airwars has been collaborating with civil society organisations, particularly Every Casualty Counts and other partners in the Casualty Recorder’s Network, to present evidence for the Human Rights Council report over the last year.

Last year, Every Casualty also released a hard hitting report outlining the requirements for casualty recording across legal regimes. It found that “international humanitarian and human rights law contain extensive requirements regarding states’ duties to account for the dead and missing in armed conflict and other situations of gross human rights violations… these duties are universally binding on all states.”

The work of these organisations was emphasised throughout the report. On the work of Airwars, the report highlighted our work with the US military and Government in particular, highlighting that: “more than 70 per cent of United States internal inquiries into civilian casualties caused by air strikes in the Syrian Arab Republic and Iraq since 2014 have been based on casualty recording submitted by Airwars.”

The report also drew attention to the advocacy work of organisations like Airwars, writing: “…following years of advocacy and engagement based in part on [Airwars’] findings on casualties in Iraq, Libya, Somalia, the Syrian Arab Republic and Yemen, the United States Department of Defense issued the Civilian Harm Mitigation and Response Action Plan in August 2022.”

We welcome the findings of the report on casualty recording and the widespread support it received at the Human Rights Council last week. It brings clarity to the requirements on states and reaffirms, at an international level, the importance of accurately recording and reporting on casualties in warfare.

▲ UN Headquarters in Geneva (photo from Wikimedia Commons)

Published

June 2023

 

On May 3rd, 2023, the US military announced that it had targeted a ‘senior Al-Qaeda leader’ in a strike in Syria. That same day, the White Helmets shared images from the scene where they were the first responders to the strike. They reported that a civilian had died: Lutfi Hassan Masto, a 60-year old farmer killed alongside his sheep.

More than a month later, CNN revealed that the US military had decided to open an inquiry into the incident – known as an ‘AR15-6’ – after doubts grew about the identity of the victim. A US official admitted “we are no longer confident we killed a senior AQ official.”

AR15-6s are the US military’s most detailed review of civilian harm allegations. The same procedure was initiated after a strike killed ten civilians in Kabul, Afghanistan on August 29th, 2021, when the US incorrectly identified aid worker Zemari Ahmedi as an Islamic State militant.

Earlier this year The New York Times published 66 partially redacted pages of that AR15-6, declassified by the Pentagon after a successful Freedom of Information Act request.

This is the latest document released by the NYT, adding to more than a thousand civilian harm assessments released relating to the US-led Coalition campaign in Iraq and Syria during the war against ISIS. While most of these assessments were shorter-form investigations intended to be more adaptable to high tempo situations, more than a dozen were full AR15-6s – each one dozens of pages long.

Over the past year, Airwars researchers have been coding and reviewing this tranche of declassified civilian harm assessments. With new funding from the Social Sciences and Humanities Research Council of Canada, we are now working in partnership with researchers at the Universities of Auckland, Minnesota, Newcastle and Ottawa to produce a comprehensive set of resources analysing this material due to be published over the next year.

In advance of that analysis, we are releasing a selection of excerpts of civilian harm cases chosen by our researchers, which place the decisions made in the Kabul strike in the context of a pattern of decision-making, and which can also inform understandings of the May 3rd strike on Lutfi Masto.

“An unknown heavy object”

Concerns with the quality of the surveillance feed have been observed by Airwars researchers throughout our analysis of the declassified Pentagon documents as having contributed to civilian harm incidents.

In the case of the Kabul strike, officials note in the AR15-6 that the surveillance feed “obscured the [ID] of civilians” and that the “trees and courtyard overhang limited visibility angles”.

In other cases, reviews of higher quality imaging prompted only by civilian harm allegations have also revealed that weapons originally perceived to be held by ISIS militants were in fact never there to begin with.

On November 12, 2015, one civilian – a child – was unintentionally killed in Ramadi, Iraq, after initially being perceived as “an unknown heavy object” during targeting.

The report admitted that when the video footage was reviewed on a 62” high definition TV, it was clear that the “person dragging a heavy object, was actually moving with a person of possible smaller stature”.

In the incident below, at least seven civilians were killed in Raqqa, Syria, on December 7th 2016 after Coalition forces incorrectly assessed the individuals were carrying weapons and wearing tactical vests. The civilian harm assessment revealed that this was despite the fact that the Coalition observed the building for six hours before it was struck.

“Driving at a high rate of speed”

Understanding how targets are selected is a common challenge for third parties reviewing the consequences of military actions. In both the AR15-6 and throughout many of the documents covering the US-led campaign in Iraq and Syria against ISIS, behavioural patterns were referred to as justifications for target selection: in many  harm incidents, the analysis of these patterns has proven deadly for civilians.

On May 11th 2017, declassified documents reveal that the speed at which a vehicle was driving was the reason for the strike. CENTCOM admitted to killing two civilians in the incident in August 2017. The declassified document, released more than three years later, shows that those killed were quickly identified as children by officials reviewing the post-strike observation footage.

The Kabul strike against Ahmadi’s vehicle similarly used the observation of driving habits and techniques to ascertain militant status, even though the reasoning for certain actions during driving could also be explained by a wide range of unobserved factors. In Ahmadi’s case, these factors included the need to visit different areas of his city in order to carry out errands.

During an interview conducted as part of the AR15-6, an official stated that the way that the driver also “carefully” and “gingerly” loaded up the car were all factors in the decision to strike. The New York Times later revealed that those actions were typical of  Ahmadi’s usual day at work, where he collected water to assist in humanitarian aid distribution.

“Unexpected collateral damage”

In Kabul, the AR15-6 notes a service member saying that “the explosions were massive” after the strike. Originally thought to be corroborating evidence for the supposed munitions held in the vehicle, military officials later noted that it is more likely that the secondary explosion was caused by a propane or gas tank.

From a strike that killed at least 70 civilians in Hawija that prompted a major investigation and policy reforms in the Netherlands, to a series of strikes on fuel trucks in Iraq that barely made headlines – secondary explosions appear throughout civilian harm assessments as a likely cause of death and injury.

In 2016, the US-led Coalition fired aerial rockets as warning shots over the civilian drivers of fuel trucks in Syria. However, the civilian casualty assessments reveal that these warning shots were rarely effective: some of the drivers simply swerved sharply to avoid the rocket fire or, in other cases, they left their vehicles, waited and then returned after a short time, presumably thinking that the immediate danger had passed.

The significant secondary explosions resulting from strikes on fuel trucks in many of these cases led to the deaths of the civilian drivers.

Other cases of secondary explosions occurred in more densely populated battlegrounds. On January 21st 2017, at least 15 civilians were killed when a strike caused “unexpected collateral damage” in a densely populated neighbourhood in Mosul, Iraq.

Four children were reported killed in the strike. An excerpt from an interview with one of the survivors, conducted by The LA Times, is included in the declassified assessment: “Why would they make a mistake like this? They have all the technology. This is not a small mistake”.

The assessment report is brief, reflective of the shorter form civilian harm assessments conducted throughout the war against ISIS. It does not recommend any further action, such as the opening of the more in depth AR15-6.

In total, Airwars has tracked at least 8,198 civilian deaths resulting from the actions of the US-led Coalition. The US-led Coalition has admitted to 1,437 casualties, with many of those incidents originating as Airwars referrals rather than proactive reviews by the United States military. To date, there remain 37 open cases of civilian harm allegations yet to be resolved.

The excerpts above and the forthcoming analysis reveal much about how the US military navigates the information environment: how it reads militant status within the behaviours of civilians, how secondary explosions are seen as unfortunate but unpredictable – even in the most densely populated areas – and how blurred surveillance footage can lead to children being mistaken for objects.

The US has begun a process of ostensibly reviewing these assumptions, with its new Civilian Harm Mitigation and Response Action Plan underway. Separately the Dutch Ministry of Defense has taken the unprecedented step of releasing a database of all weapon deployments by Dutch F-16s during their involvement in the Coalition campaign in Iraq and Syria. Other members of the Coalition have been less forthcoming. Later this year, Airwars is taking the UK Ministry of Defence to a tribunal to push for the release of their own civilian harm assessment in the single incident in which they admitted to having killed a civilian in eight years of intense campaign.

In the absence of full transparency and accountability for the civilians killed by the US-led Coalition, lessons cannot be appropriately learned for future operations. This failure to reckon with these past actions will continue to have devastating outcomes for civilians, as it has done for the victims of the Kabul strike in 2021, and likely too for Lutfi Masto and his family in Syria last month.

On June 29th, Airwars joined 20 other civilian protection and human rights organizations in calling on the US military to carry out an investigation into the incident in Syria that is robust, transparent, and accountable, with the hopes that this investigation will set a precedent for all future civilian harm allegations.

Authors: Anna Bailey-Morley, Stephen Pine, Alice Smith, and Anna Zahn

Volunteers who are supporting this project include: Anna Bailey-Morley, Stephen Pine, Alice Smith, Nasim Hassani, Arturo Gutierrez de Velasco, Reine Radwan, Nitish Vaidyanathan, and Austin Graff

 

 

Published

June 5, 2023

Written by

Megan Karlshoej-Pedersen

Header Image

Hawijah's industrial area in 2021, showing the damage and destruction that remained widespread (Image via Roos Boer, PAX)

On the eighth anniversary of the Dutch airstrike that destroyed the Iraqi town of Hawijah, the Netherlands faces a crossroad on its approach to the protection of civilians.

On the night of June 2nd 2015, the Dutch military released a munition on an ISIS car bomb factory in the Iraqi city of Hawijah. The strike lit 18,000 kg of TNT hidden in the factory, causing an immense secondary explosion; in an instant, at least 70 civilians were reported killed and an entire section of the city was reduced to rubble.

The pilots who had conducted the strike immediately reported the extensive destruction of Hawjiah to the Ministry of Defence (MoD). Just two weeks later, the US Central Command of the coalition that the Dutch were contributing to, submitted a report to the MoD emphasising that reports of over 70 civilians killed were credible. Regardless of these reports, the Minister of Defence made statements to parliament claiming that the strikes had caused no collateral damage.

Four years later, under significant media and civil society pressure, the Government acknowledged the civilian harm that had occurred.

In the years since, the Netherlands has done much work to review its policy framework on civilian harm mitigation, tracking, and response. But the independent inquiry set up to look into the incident in 2020 has yet to release its report, and key members of the investigating team have stepped away from the process. Last month, fresh revelations about civilian harm allegations once again made headlines in the Netherlands – though the Minister of Defense still told parliament that an independent examination of the full Dutch campaign was not needed.

Airwars is one of a small group of NGOs who meet routinely with the Dutch MoD to advise on where improvements could be made with regards to its policies and practices on civilian protection. This article reflects on the steps taken since the deadly Hawijah strike, and highlights some of the critical gaps and questions that remain.

The rubble of a building in Hawijah (courtesy of Roos Boer, PAX)

Accountability to the people of Hawijah

In an effort to hold themselves accountable for the harm caused in Hawijah, the Dutch Government and MoD have taken a dual approach. On the one hand, a commission was launched in 2020, named after its lead, Minister of State Winnie Sorgdrager. The Sorgdrager commission aims to investigate the Dutch strike itself, and the civilian harm that followed, rather than the political decisions around the incident.

In parallel, the Government donated a ‘voluntary compensation’ of €4.4million to two international organisations, the International Organisation for Migration (IOM) and the UN Development Programme (UNDP) in order for these to deliver aid and development programmes in Hawijah.

In both processes, the Dutch government has been accused of excluding key local voices. When researchers from the charity PAX travelled to Hawijah in 2021, they read a statement to the Mayor and local NGO coordinators from the MoD on the implementation of the IOM project, which had allegedly started in May 2021 with “local authority…closely involved in every step of the way”, only to look up to shocked faces from the key local stakeholders who were apparently unaware of the project and said that they had never been consulted.

PAX’s findings also emphasised that the priorities for response outlined by the people of Hawijah remained unaddressed by the Dutch Government. Namely: an apology from the Dutch Government, and individual compensation payments. Many of those affected by the 2015 blast lost businesses, homes, and sources of livelihood, while simultaneously facing mounting medical bills. For these individuals, a community wide programme focused on restoring access to electricity and demining the city may provide some benefits – but was said to be inappropriate support to individuals harmed by the Dutch strike.

At the same time, the Sorgdrager Commission is experiencing major challenges in fulfilling its own mandate, with two out of three members of the commission apparently no longer able to give time on a regular basis. There remains little clarity on when the report from the Commission will be published, how the investigation has been carried out, and whether or not the voices of civilians in Hawijah have been listened to and taken into account.

Transparency on targeting and civilian harm tracking systems

In addition to the process of attempting to bring accountability to those in Hawijah, the Dutch MoD has been engaging in a process of reviewing its policy framework on civilian harm mitigation, tracking, and response, with a consortium of civil society organisations including PAX, Airwars, CIVIC, Open State Foundations and experts at the University of Utrecht.

The ‘Roadmap Process’ has led to notable progress in some key areas; this incudes an additional paragraph on the risks to civilians from Dutch military action in the reporting requirements outlined in Article 100 of the Dutch constitution. As a result of consistent pressure from the consortium of civil society groups and pressure from the media, the MoD also recently released details of all strikes conducted during their contribution to the anti-ISIS coalition in Iraq and Syria. While this data does not include information on civilian harm, it is an important step in the right direction.

This model of consistent, structured engagement between civil society organisations, many of whom provide a direct link to those affected by Dutch military action, and the MoD serves as a model of inspiration for many of the Netherland’s allies, where Ministries of Defence are less willing to engage in structured engagement, including Belgium and the UK.

However, whilst these are positive steps in the right direction, there are also causes for concern. The same media outlets which revealed Dutch responsibility for the Hawijah blast in 2019, recently published evidence of a further strike in Mosul in 2016, which killed at least 7 civilians. This highlights the importance of continuing to examine allegations of harm from Dutch strikes in the anti-ISIS coalition – as well as the importance of ensuring that the MoD and Government have systems in place to effectively communicate about harm when it is uncovered.

In response to the newest allegations of civilian harm, The Minister of Defence announced a new inquiry into the attack, as well as the aforementioned release of data on Dutch strikes. Yet just a few weeks later, she revealed  that she “see[s] no reason” for wider independent examinations into Dutch involvement in strikes which may have caused civilian harm during the anti-ISIS coalition. A system that is only reactive rather than proactive in addressing civilian harm falls below the standards that Airwars and many of its civil society partners have long identified as best practice.

Moving forward

As we review the Dutch approach to civilian harm mitigation and tracking eight years on from Hawijah, we’re facing positive changes in commitments and outlook, as well as some positive policy reforms. At the same time, we are also facing a city that remains destroyed, with rubble still littering the streets, and a population that is being told that the development programmes which were launched in response to the strike in June 2015 have made great strides – a claim many do not recognise.

This is in no way a unique challenge with Dutch military policy. It speaks to the wider lack of transparency and accountability that permeates so much of modern warfare.

The Netherlands stands out insofar as they now face a crossroads: they can either use the positive changes from the last few years, including the establishment of the Roadmap Process, to become a European leader on civilian harm tracking. Or they fail to implement needed changes in their systems and instead continue to widen the gap between rhetoric and reality on the ground when it comes to civilian harm from Dutch actions.

 

Read more about our coverage of Dutch actions below:

    Dutch Parliament set to debate improvements in policies to protect civilians (2022) After Hawija: Dutch Ministry of Defence maps route forward (2022) Fresh revelations show Hawijah’s people are still far from receiving answers on deadly 2015 Dutch airstrike (2021) After Hawija: The way forward for the Dutch Ministry of Defence (2021) “Some families were completely wiped out”: The Mayor of Hawijah speaks out (2020) Dutch F-16 pilots break their silence on airstrikes and civilian harm (2020) Dutch Ministry of Defence promises significant transparency changes (2019) Investigation accuses Dutch military of involvement in 2015 Iraq airstrike which led to deaths of 70 civilians (2019) ‘That’s just how we do it.’ Minister upholds court’s decision not to identify Dutch civilian harm events (2018) Refusal by The Netherlands Defence Ministry to identify specific civilian harm events impedes natural justice, and runs counter to actions by other Coalition allies (2018) The renewed Netherlands mission against ISIS risks the lowest levels of public transparency and accountability among allies in a very different war (2017) Netherlands airstrikes in Iraq and Syria: Towards improved transparency and public accountability (2016)
▲ Hawijah's industrial area in 2021, showing the damage and destruction that remained widespread (Image via Roos Boer, PAX)

Published

May 2023

Written by

Airwars Staff

Annual report 2022

Airwars annual report for May 2022-May 2023.

The report outlines key highlights from the organisation’s research, investigations and advocacy departments over the time period, as well as strategic objectives and basic financial details.

It includes a foreword by Airwars’ director Emily Tripp, who took over at the beginning of the time period, and is designed to provide an overview of the how the different parts of the organisation overlap to achieve shared goals.

Annual report 2022

UK MoD for May 2, 2023 – May 2, 2023
Original
Annotated

Report Date

May 2, 2023

Summary

Tuesday 2 May 2023 – RAF Typhoons struck two Daesh terrorist targets in north eastern Iraq.

Detail

UK forces, as part of the coalition, continue to support the Iraqi government in its unrelenting work to prevent any attempts by the Daesh terrorist movement to re-establish a presence in the country.  Careful intelligence analysis revealed that a Daesh group was basing itself at two remote locations in the Hamrin mountains in north-eastern Iraq. Royal Air Force Typhoons were therefore tasked to attack the terrorists at both locations on Tuesday 2 May 2023 in support of an Iraqi security forces operation.  Having confirmed that there was no civilian presence nearby that might be put at risk, the Typhoons employed seven Paveway IV guided bombs in successful precision strikes.

Incident Code

TI091

Incident date

April 15, 2023

Location

بنجوين, Kani Miran, Saliawah and Waryawh, Sulaymaniyah, Iraq

Airwars assessment

Two civilians were killed and two others were injured by alleged Turkish drone strikes on the villages of Kani Miran, Saliawah and Waryawh in Sulaymaniyah on April 15, 2023.

The head of the local government in the province of Sulaymaniyah, Haval Abu Bakr, was quoted by a Facebook post from Adil Hamood as announcing that two people were killed and two others were wounded when a drone bombed villages in Penjwin district in the evening.

Hawar News quoted a source from Roj News Agency who attributed the drone strikes to Turkish forces and identified strikes on the villages of “Kani Miran, Saliawah and Waryawh,” specifically striking a car, and resulting in injuries and casualties.

An anonymous source told Rudaw News that the strikes were carried out by Turkey and they targeted fighters of the Kurdistan Workers’ Party (PKK). However, the source did not mention if those killed and injured were members of the PKK. Other local sources refer to those killed and injured as “people” and “citizens.”

Sputnik Today, a Russian state-run news source, reported that according to Turkish newspaper “Hurriyet,” the Turkish government had placed the city of Sulaymaniyah among the list of Turkish military targets.

The incident occured in the evening.

Summary

  • Strike status
    Likely strike
  • Strike type
    Airstrike, Drone Strike
  • Civilian harm reported
    Yes
  • Civilians reported killed
    2
  • Civilians reported injured
    2
  • Cause of injury / death
    Heavy weapons and explosive munitions
  • Airwars civilian harm grading
    Fair
    Reported by two or more credible sources, with likely or confirmed near actions by a belligerent.
  • Suspected attacker
    Turkish Military

Sources (6) [ collapse]

Turkish Military Assessment:

  • Suspected belligerent
    Turkish Military
  • Turkish Military position on incident
    Not yet assessed

Summary

  • Strike status
    Likely strike
  • Strike type
    Airstrike, Drone Strike
  • Civilian harm reported
    Yes
  • Civilians reported killed
    2
  • Civilians reported injured
    2
  • Cause of injury / death
    Heavy weapons and explosive munitions
  • Airwars civilian harm grading
    Fair
    Reported by two or more credible sources, with likely or confirmed near actions by a belligerent.
  • Suspected attacker
    Turkish Military

Sources (6) [ collapse]